Paternity


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Paternity 15th December 2015

Paternity Policy, Version1, Page 1 of 7 Internal, December 2015

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Paternity Policy, Version1, Page 2 of 7 Internal, December 2015

We want to support all of our colleagues and if you’re a parent, this document outlines our policy regarding paternity leave. It is subject to change from time to time so please ensure you are reading the most up-to-date version. This document does not provide full guidance. You can find this in the places listed at the end.

This policy is applicable to Tesco colleagues whose partners are having a baby or taking adoption leave. It’s is to be used as a reference to provide an overview of the key facts.

Paternity leave is time off that you can take after the birth of your baby (or placement of your child where adopting). Paternity Leave is available to parents of either sex, and to same sex partners. In male couples, one partner could have adoption leave, and one could have paternity leave. In female couples, one partner could have maternity or adoption leave, and one could have paternity leave. Paternity leave/pay automatically stops when the adopted child reaches 18 years old.

Yes, if you have 26 weeks' continuous service at the 15th week before the due date (date on the MatB1), or at the point you are notified of being matched with a child (date of the Matching Certificate) You must also still be employed up until the date the baby is born/placement date.

For example, where the father of the child and the woman’s partner/husband are different people, both individuals might be eligible to time off. Additionally, you may have a qualifying relationship” with more than one woman and be entitled to time off with both pregnant women. You also must have (or expect to have) responsibility for the upbringing of the child (in partnership with your partner) and be taking the time off in order to support the mother and/or care for the new child.

Yes, if you have a “qualifying relationship” with a pregnant woman (or the child) you will be able to attend two antenatal appointments (for a maximum of 6.5 hours each). These appointments are to see a midwife or obstetrician, and the time off is unpaid. We don’t need to ask you for proof of the appointments. Agency workers with 12 weeks’ service are also entitled to this time off. We will try to accommodate you if you want to attend more ante-natal or post-natal appointments with your partner, but this will also not be paid. We will support you where possible with shift swaps, banked hours, temporary change in hours, a change in day off etc. so that a paid option is available. If the post-natal appointment is for the child, and the mum does not attend the appointment, then we will pay you for the leave.

There are currently two types of Paternity Leave:

To be eligible for paternity leave or time off for antenatal appointments, you also need to be in a “qualifying relationship”:

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a) the father of the child b) married to, or the partner or civil partner of the child’s mother/father/adopter c) intended parents of a child in a surrogacy arrangement if they expect to be entitled to and intend to apply for a parental order in respect of that child.

Only one period of Ordinary Paternity Leave and additional Paternity Leave can be granted, regardless of how many children due or children adopted at the same time.

Ordinary Paternity Leave Additional Paternity Leave (available to you if your baby is born/child placed before 5th April 2015)

More than one person can have a “qualifying relationship” with the same woman.

Paternity Policy, Version1, Page 3 of 7 Internal, December 2015

Ordinary paternity leave is one or two consecutive weeks off work within 56 days of the child’s birth (within 56 days of the date of the child’s placement for adoption).

If the mum/primary adopter returns to work after 20 weeks and before 52 weeks’ leave, any ‘remaining’ leave can be used as Additional paternity leave e.g. A mum takes 30 weeks’ maternity leave, this leaves 22 weeks which could be used as additional paternity leave.

If the baby is born early, the leave may be taken from the child’s actual date of birth and up to 56 days after the expected date of birth.

Additional paternity leave is available for a minimum of 2 weeks and a maximum of 26 weeks, and before the child’s first birthday (or by the first year anniversary after the child has been adopted).

"You may take one or two consecutive weeks’ paid leave.

If the mum/primary carer is not working, you are not eligible for Additional Paternity Leave. It’s ok if there’s a gap between the mum/primary carer returning to work, and you taking additional paternity leave.

Statutory Paternity Pay is £139.58 per week but will be enhanced by Tesco as follows: 



Stores & the Office: Both weeks will be paid at your normal weekly contractual earnings, or an average of the 2 pay periods (excluding any extraordinary oneoff payments such as bonus, buy-outs or pay adjustments) that take place before the 15th week prior to the due date, whichever is the greater. Distribution: For sites and individuals with the new Tesco contract: Pay for both weeks will be based on contractual earnings. For all other sites: Pay for both weeks will be based on P60 earnings (excluding any extraordinary one-off payments such as bonus or buy-outs) or contractual pay (whichever is the greater)."

Complete the Employee Declaration Form available from your Personnel Manager or www.ourtesco.com and give it to your Personnel Manager 15 weeks before the due date.

We may contact you while you’re on additional paternity leave.

If you are taking additional paternity leave that falls within the mother’s/primary carer’s 39 week maternity/adoption pay period, the leave will be paid if you earned at least £112 (2015/16 rate) during the 8 weeks prior to the 15th week before the due date. The pay will be at the same rate as Statutory Maternity/Adoption Pay (currently a maximum of £139.58 per week); If a colleague is taking Additional Paternity Leave that falls outside the 39 week maternity/adoption pay period, the leave will be unpaid. Colleagues appointed to a Work Level 4 or 5 role prior to 1st February 2011 - if your partner has taken less than 26 weeks’ maternity/adoption leave and pay, please contact the ER & Policy team via email on: [email protected] to understand what your additional paternity pay entitlement is.

If you’re adopting, you must give your Personnel Manager the Employee Declaration Form within 7 days (if possible) of being notified of your match with a child. The notice can be varied if necessary, so long as 28 days’ notice is given wherever possible.

Additional paternity leave only applies to you if your baby is due to be born or placed before 5th April 2015 (if it’s after this date then Shared Parental Leave applies to you).

You’ll need to complete the Additional Paternity Leave Form (available from your Personnel Manager or on www.ourtesco.com), and giving us at least eight weeks’ notice. If you want to change the date your additional paternity leave starts or ends then please give your eight weeks’ notice. If you don’t give us this notice, and we can’t reasonably accommodate the change, then you’ll have to take the leave at the previously agreed dates.

Paternity Policy, Version1, Page 4 of 7 Internal, December 2015

Holidays, Bank Holidays and Personal Day Sadly, sometimes a pregnancy doesn’t have a happy ending and some colleagues will face a miscarriage or the death of their baby: Miscarriage (before weeks of pregnancy)

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We can support with compassionate leave and sick leave

Stillborn or the baby passes away after being born If the adoption fails after placement

You are entitled to your full paternity leave and pay

Holidays and Bank holidays continue to be accrued during paternity leave and we will automatically pay any accrued holidays in April after the end of the current holiday year, if you remain on paternity leave at this time. If you want to carry over your holidays, you need to inform your Personnel Manager of this before the beginning of March. Carried over holiday can be used in the following ways: 

You are entitled to your full paternity leave and pay (but not shared parental leave or additional paternity leave

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take all of your holiday at the end of your paternity leave to give you longer off work; use holiday to help phase a return to work (as agreed with your manager); or use holidays in the normal way after you return.

Personal days should be taken in the normal way and will only be paid if the colleague is on additional paternity leave at the end of March. You are able to work for up to 10 days while you’re on additional paternity leave without this affecting your additional paternity leave or pay. These days at work are called ‘Keeping in Touch’ (KIT) days and can be taken as single days or a block of days, as agreed with your manager. If you use a KIT day while receiving Statutory Paternity Pay, we will top this up to your normal daily rate or you can choose take a day off in lieu once you return to work instead. If you use a KIT day while not receiving any pay, we will pay a full day’s pay. Any work carried out while on additional paternity leave is classed as a ‘Keeping in Touch’ day, you can’t request 20 half days.

If you return to work within 26 weeks, you will return to the same job you were doing before your leave. If you return to work after 26 weeks’ leave, we aim for you to come back to your previous role however, if this isn’t possible, we will place you a similar role with the same terms and conditions and rates of pay. We look after paternity returners and will consider retraining, job shadowing, handovers etc. where appropriate to facilitate a smooth return to work.

Benefits The majority of benefits will remain unchanged while you are on additional paternity leave. Please login to www.ourtesco.com for information on how your benefits will be affected. Careers When you’re on additional paternity leave, you will be included in any talent conversations, where appropriate. We look after returners and will consider retraining, job shadowing, handovers etc. where appropriate to facilitate a smooth return to work.

If your baby is due to be born or placed on or after 5th April 2015, the mum/primary carer can opt out of maternity/adoption leave and into Shared Parental Leave. This is time off work that’s designed to give parents more flexibility in how to share the care of their baby in the first year. As long as the qualifying criteria are met, parents will be able to:  

be off work at the same time; or take it in turns to have time off to look after your baby

Please refer to www.ourtesco.com for more information.

Paternity Policy, Version1, Page 5 of 7 Internal, December 2015

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1st April 2015 th

15 December

New policy Clarification that the paternity pay calculation excludes one of lump sum payments

This document shouldn’t be shared with anyone externally without permission from your Director. This policy and any associated documentation remains the property of Tesco and should be returned if requested.

Paternity Policy, Version1, Page 6 of 7 Internal, December 2015

Paternity Policy, Version1, Page 7 of 7 Internal, December 2015